RFP_Team Building.doc

Solicitation # OPM26-11-R-0004

Team Building Request for Proposals (RFP)

Solicitation No.

OPM26-11-R-0004

June 17, 2011

United States

Office of Personnel Management

OFFICE OF PERSONNEL MANAGEMENT

REQUEST FOR PROPOSALS (RFP)

OPM26-11-R-0004

Team Building

A. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. PURPOSE

The purpose of this combined synopsis/solicitation is to solicit proposals for the design, development, and delivery of a two day Teambuilding Facilitation and Training to be delivered in the Washington, DC, metro area. The seminar is part of the curriculum provided by the U.S. Office of Personnel Management's (OPM) Management Development Centers.

2. BACKGROUND

See Attached Statement of Work (Attachment 1).

3. METHOD OF ACQUISITION

The U.S. Office of Personnel Management’s, EMDC/Contracting anticipates awarding (1) Firm Fixed Price Purchase Order for the design, development, and delivery of the team building session.

4. NUMBER OF AWARDS

It is anticipated that one award will be made as a result of this solicitation.

5. DATE OF AWARD

It is anticipated award will be made on or about July 11, 2011.

6. PERIOD OF PERFORMANCE

The period of performance will begin upon award and include delivery on August 17 – 18, 2011.

7. COMMITMENT OF PUBLIC FUNDS

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment, either explicit or implied, is invalid.

8. COMMUNICATIONS PRIOR TO AWARD

All communications shall be directed to the attention of:

Name:

Shannon G. Kennedy Title:

Contract Specialist Address: U.S. Office of Personnel Management

Eastern Management Development Center 239 Lowe Drive Shepherdstown, WV 25443 Phone: (304) 870-8065 Fax: (304) 870-8061

E-mail address: shannon.kennedy@opm.gov All questions must be submitted to Shannon Kennedy via email no later than 4:00 p.m. Eastern Standard Time (EST) on Wednesday, June 22, 2011.

Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement.

9. PREPARATION COSTS

This RFP does not commit the Government to pay for the preparation and submission of a quotation.

B. GENERAL INSTRUCTIONS TO OFFERORS

1. INSTRUCTIONS TO VENDORS

(a) Definitions (As used in this provision):

Discussions are negotiations that occur that may, at the Contracting Officer's discretion; result in the offeror being allowed to revise its quotation.

In writing or written means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Quotation modification is a change made to a quotation before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Quotation revision is a change to a quotation made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations

If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of quotations:

(1) Only electronic mail (email) submissions are expected through this solicitation.

(2) The first page of the quotation must show‑‑

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the quotation. Quotations signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Late quotations and revisions.

(i) Any quotation received after the exact time specified for receipt of quotes will not be considered unless it is the only quotation received.

(ii) Any modification or revision of a quotation or response to request for information, including any final quotation revision, is subject to the same conditions of this provision.

(iii) Notwithstanding paragraph (c)(3)(i) of this provision, a late modification or revision of an otherwise successful quotation that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(iv) Quotations may be withdrawn by written notice received at any time before award.

(v) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Quotations submitted must be on an all-or-none basis, e.g., quotations that propose to provide any item or combination of items shall be determined to be nonresponsive.

(5) Quotations submitted in response to this solicitation shall be in English and in U.S. dollars.

(6) Offerors may submit modifications to their quotations at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised quotations only if requested or allowed by the Contracting Officer.

(8) Quotations may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Quotation expiration date. Quotations in response to this solicitation will be valid for a period of 60 calendar days.

(e) Restriction on disclosure and use of data. Offerors that include in their quotations data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall:

(1) Mark the title page with the following legend: This quotation includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed‑‑in whole or in part‑‑for any purpose other than to evaluate this quotation. If, however, a purchase order is awarded to this offeror as a result of‑‑or in connection with‑‑ the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting purchase order. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quotation.

(f) Purchase order award.

(1) The Government intends to award a purchase order to the responsible offeror whose quotation represents the best value after an evaluation is conducted in accordance with the factors in the solicitation.

(2) The Government may reject any or all quotations if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in quotations received.

(4) The Government shall evaluate quotations and may award without discussions with offerors. Therefore, the offeror's initial quotation should contain the offeror's best terms from a cost or price and technical standpoint. Offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror’s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors, but not rising to the level of discussions. The Government reserves the right to conduct discussions and/or site visits to eligible locations if the Contracting Officer later determines them to be necessary.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity quoted, at the unit cost or prices quoted, unless the offeror specifies otherwise in the quotation.

(6) Exchanges with offerors after receipt of a quotation do not constitute a rejection or counteroffer by the Government.

(7) The Government may determine that a quotation is unacceptable if the prices proposed are materially unbalanced between line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A quotation may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

2. POTENTIAL AWARD WITHOUT DISCUSSIONS

The Government reserves the right to award without discussions if the Contracting Officer determines that the initial offer is fair and reasonable and that discussions are not necessary.

3. ORDERING TERMS AND CONDITIONS

The offeror must specify the line item price quotations for each requirement in response to this solicitation.

4. PURCHASE ORDER TERMS AND CONDITIONS

Any Purchase Order, awarded as a result of this solicitation, shall be subject to the terms and conditions stated.

5. PRIVACY ACT

The Privacy Act of 1974 (P.L. 93-579) requires that a Federal agency advise each individual whom it asks to supply information, the authority which authorizes the solicitation, whether disclosure is voluntary or mandatory, the principal purpose for which the information is intended to be used, the uses outside the agency which may be made of the information, and the effects on the individual, if any, of not providing all or any part of the requested information.

Providing the information requested is entirely voluntary. The collection of this information is for the purpose of conducting an accurate, fair, and adequate review prior to a discussion as to whether to award a Delivery Order.

Failure to provide any or all of the requested information may result in a less than adequate review.

In addition, the Privacy Act of 1974 (P.L. 93-579, Section 7) requires that the following information be provided when individuals are requested to disclose their social security number.

Provision of the social security number is voluntary. Social security numbers are requested for the purpose of accurate and efficient identification, referral, review and management of OPM acquisition programs.

The information provided by you may be routinely disclosed for the following purposes:

(a) To the cognizant audit agency and the General Accounting Office for auditing.

(b) To the Department of Justice as required for litigation.

(c) To respond to congressional inquiries.

(d) To qualified experts, not within the definition of Department employees, for opinions as a part of the review process.

6. SELECTION OF VENDOR

You are advised that a Best Value Firm Fixed Price Purchase Order will be made to the offeror that the Government determines to represent the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. The evaluation criteria to be used by the Government are described in Section F, EVALUATION FACTORS FOR AWARD, below.

7.

ALTERNATE PROPOSALS

You may, at your discretion, submit alternate proposals, or proposals which deviate from the requirements; provided, that you also submit a proposal for performance of the work as specified in the statement of work. Such proposals may be considered if overall performance would be improved or not compromised and if they are in the best interests of the Government. Alternative proposals, or deviations from any requirements of this solicitation, shall be clearly identified.

8.

QUOTATION DUE DATE & NUMBER OF COPIES OF THE QUOTATION

Your quotation shall be organized as specified in Section B., GENERAL INSTRUCTIONS TO OFFERORS; Section C., INSTRUCTIONS FOR PREPARING THE TECHNICAL PORTION OF THE QUOTATION; and Section D., INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE QUOTATION; and submitted by electronic mail (e-mail) no later than 3:00 p.m., Eastern Standard Time (EST) on Friday, July 1, 2011 to the contracting officer specified in Section A, Block 8. In the subject line type “Solicitation OPM26-11-R-0004 – Team Building Course.”

Technical and Pricing proposals MUST be in two separate volumes. Each of the parts shall be separate and complete, so that evaluation of one may be accomplished independently of and concurrently with the evaluation of the others.

9.

PURCHASE ORDER TYPE

The Government intends to issue a Firm Fixed Price Purchase Order for commerical services as a result of this solicitation (reference Federal Acquisition Regulation Part 12, Acquisition of Commercial Items).

This is a Best Value acquisition, where technical merit is significantly more important than price. We reserve the right to award purchase orders to technically superior contractors who are higher in cost. When technical proposals are evaluated and found essentially technically equal, price may become the determining factor. We also reserve the right to issue a purchase order to other than the technically superior contractor if we determine the potential cost savings of that contractor offset the differing technical evaluation scores and represents the best value to the Government.

The awarded purchase orders shall contain the attached OPM Specific Clauses (Attachment 2).

10.

ORAL PRESENTATIONS

You are advised that offerors responding to this solicitation may be invited to provide oral presentations to the Government after the Government completes its initial evaluation of your proposal. The Contracting Officer will set the date and time for the oral presentation. The oral presentation will be presented to the Contracting Officer and the technical evaluation panel. An outline of your presentation and the name(s) and telephone number(s) of the individual authorized to conduct the presentation shall be sent to us prior to the presentation date.

The oral technical proposal must be adequate to demonstrate how you propose to comply with the requirements of this solicitation, along with a full explanation of techniques and procedures to be followed.

C.

INSTRUCTIONS FOR PREPARING THE TECHNICAL PORTION OF THE QUOTATION

1. PREPARING THE TECHNICAL PORTION OF THE QUOTATION

(a) The offeror shall include in its quotation a discussion of the offeror's proposed technical approach to respond to the requirements in the statement of work (SOW). Present clear and convincing evidence that you understand the scope of work as described in the SOW, and that your technical approach to accomplishing this work is sound. Include:

· A narrative describing your understanding of this requirement.

· A description of your technical expertise for meeting the requirements of this solicitation. Your narrative should, at a minimum:

· Indicate the initial plan to gain an understanding of OPM’s curriculum needs;

· Discuss the anticipated methodology to complete the work described in section VI of the SOW; and

· Provide realistic time and skill level estimates.

(b) In addition to its proposed technical approach, the offeror shall summarize its corporate experience (including results) with Federal government team building course deliveries similar to this solicitation that the offeror has successfully performed in the past three years. The information presented shall be in sufficient detail to describe the previous experience and effectiveness of the offeror in similar or closely related work, and to demonstrate the offeror’s current ability to accomplish the tasking in this solicitation.

This summary should include:

· Firm Experience: statement of the offering firm’s level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of course design and delivery similar in nature to the requirements of this project.

· Experience of Available Resources: statement of the level of involvement, degree of success, number of resources and overall performance on efforts involving the provision of Federal government team building courses similar in nature to the requirements of this project, including the provision of resumes of resources that will be available for this project.

· Resumes: In addition to the above submission, the offeror shall include in its response to the statement of work a resume for each key person proposed for the project. Individual resumes shall be no more than two pages in length.

Resumes shall include the following:

1. Name of person;

2. Proposed function, or role in the curriculum design (to include session delivery);

3. Education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and/or approximate number of total class hours);

4. Experience (including, in reverse chronological order, area(s) of work in which a person is qualified, to include concise descriptions of experience for each module proposed, and

5. Certification that the information contained in the resume is correct and accurate.

(c) The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer

(d) Offeror(s) are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked.

2. ADDITIONAL INSTRUCTIONS FOR PREPARING THE TECHNICAL PORTION OF THE QUOTATION

(a) Quotations which merely offer to conduct the work in accordance with the requirements of the Government’s scope of work will be considered nonresponsive. The offeror must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives.

(b) Evaluation of the technical portion of quotations will be conducted by a technical review committee in accordance with the evaluation criteria stated in F. EVALUATION FACTORS FOR AWARD below.

D.

INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE QUOTATION

1. PRICE INFORMATION

Offerors shall submit a detailed breakdown of estimated labor hours and rates by tasks to be performed as itemized in the statement of work. In addition, a summary total amount shall be furnished for the entire project.

The business portion of the quotation must contain sufficient information to allow the Government to perform a basic analysis of the proposed price of the work.

Prices quoted shall be fixed unit prices (per labor hour) per labor category (i.e, design, facilitation, session delivery, and other line items from the statement of work).

2. INFORMATION OTHER THAN PRICING DATA

The vendor shall submit sufficiently detailed information to permit the Contracting Officer and authorized representatives to evaluate the offer.

Unless otherwise stated in this solicitation, the information may be submitted in the offeror’s own format.

3. PRICING

The Government shall evaluate quotations and may award without discussions with offerors. Therefore, the offeror's initial quotation should contain the offeror's best terms from a cost or price and technical standpoint.

E.

PAST PERFORMANCE INSTRUCTIONS

Offerors shall submit the following information as part of their proposal for both the offeror and/or proposed major subcontractors:

1. Offerors shall submit a list of 3 references. Contracts listed may include those entered into by the Federal Government and/or agencies of state and local governments. Offerors that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all key personnel.

The reference list shall include the following information for each contract and subcontract:

a. Name of contracting activity:

b. Contract Number (if known):

c. Contract Type:

d. Total Contract Value:

e. Contract Work:

f. Contracting Officer and telephone number:

g. Program Manager and telephone number:

h. Administrative Contracting Officer, if different from item f:

i. List of major Subcontractors:

2. The offeror may provide information on problems encountered on the contract and subcontracts identified in 1. above and corrective actions taken to resolve those problems. Offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references.

3. The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the product or service required. If the award or certification is over three (3) years old, present evidence that the qualifications still apply.

4. Offerors should notify each of their private-sector (commercial) references that they may be contacted by the OPM and authorize them to provide the past performance information requested. References other than those identified by the offeror may be contacted by the Government, and the information received from them may be used in the evaluation of the offeror’s past performance.

F. EVALUATION FACTORS FOR AWARD

1. GENERAL

The award decision will be based upon a best value determination, and offers will be evaluated primarily for technical approach and capability, and secondarily their total proposed price to perform the services specified and provides the required deliverables listed in the SOW.

2. EVALUATION CRITERIA

In determining which offer represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs, the Government shall evaluate responses using the following evaluation criteria that are listed in descending order of priority:

· Proposed technical approach; to include,

· Assessment measurement areas as listed in SOW

· Inclusion of content areas as listed in SOW

· Appearance and quality of sample handouts, materials and PowerPoint presentations

· Subject matter knowledge/Staff Credentials;

· Past Performance (with references).

· Experience conducting team building training.

· Experience working with Federal government audiences.

· Price.

Technical factors 1, 2, 3, when combined, are significantly more important than price. In addition to the technical evaluation of proposals, OPM reserves the right to request specific information from individual contractors who are designated as part of the competitive range for this requirement. Revised content, exploratory meetings, and/or in depth course shadowing may be requested as a result of the evaluation process.

F. ATTACHMENTS TO THE RFP

1. Statement of Work

2. OPM Specific Clauses

3. FAR Clauses

END OF SOLICITATION

ATTACHMENT 1

Teambuilding Facilitation and Training

Statement of Work

I. BACKGROUND

The U.S. Office of Personnel Management (OPM), Eastern Management Development Center (EMDC) is seeking quotes for the design and delivery of a two-day Teambuilding Facilitation and Training to be delivered in the Washington, DC, metro area on August 17 - 18, 2011. This session is part of the curriculum provided by the U.S. Office of Personnel Management's (OPM) Management Development Centers.

II. SCOPE

The Teambuilding Facilitation and Training to be delivered in the Washington, DC, metro area for the time period of August 17-18, 2011, to the Department of Justice for approximately 28 participants. Actual classroom locations will be provided by the customer agency to the Contractor at least two weeks in advance of program dates.

III. APPLICABLE DOCUMENTS

N/A

IV. GOVERNMENT FURNISHED MATERIAL

The EMDC and/or the customer agency will provide the following:

· Adequate training space

· Enrollment and registration activities for participants

V. CONTRACTOR FURNISHED MATERIAL

The contractor will provide the following:

· All design, development, and delivery including materials required to support program design.

VI. SUMMARY OF REQUIREMENT

Delivery content should include, but is not limited to:

1. How to be an effective team member

2. How to be an effective team player

3. The importance of a team

4. Awareness of the interpersonal & negotiating skills needed as a team player

5. The role of positive attitude and problem solving and creative thinking

6. Motivate yourself to become a leader and ultimate member of the team

7. How to manage conflict

8. Individual assessment tool, “Awareness is Power” or equivalent assessment that measures:

· Individual Power Traits

· Unique Talents

· Unique Talents to the Team

· Powerful Communication

· Communication Power Drain

· Ultimate Environment

· Individual Style

· Individual Adjusted Style

· Adapted Style

· Powers of Want

· Powers of Need

· Areas of Development

· Action Plan

· Intensity of Behavior

· Graphical Representation

VII. DELIVERABLES

Please provide the following information in an electronic format:

1. Capabilities Statement

2. Agenda of content and activities to be delivered

3. Sample report of assessment that will be used

4. Sample of participant handouts and other materials

5. Sample of PowerPoint presentation, if used

6. At least three references from customers, preferably other Federal agencies, for which you have provided similar training and facilitation. References should include a description of the service, date of delivery, name, and telephone number of the customer to contact (see Section E of solicitation for guidance).

7. Itemized program cost including faculty, travel, assessment, materials, and any other associated costs.

END OF STATEMENT OF WORK

ATTACHMENT 2

OPM-Specific Clauses

1752.200-70 On-Site Working Conditions (July 2005)

(a) OPM facilities are smoking restricted workplaces. Due to the nature of the work, facilities, and requirements, contractor staff may only smoke outside in designated smoking areas.

(b) Normal operating hours are 7:00 am to 5:30 pm, Monday through Friday. Meeting task objectives within specific timeframes may require the working of extended/overtime hours. Any extended hours must be authorized in advance, and certified as worked by the task Government Project Manager(s).

(c) Government personnel observe the following days as holidays:

* If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(d) In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Presidential Inauguration Day

· Any other day designated by the President’s Proclamation

(e) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(f) When the Federal, State, Local or other Governmental entity grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or COR.

(g) If Government personnel are unavailable due to furlough or any other reason, the Contractor must contact the CO or the COR to receive direction. It is the Government's decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel who are able to continue contract performance (either on-site or at a site other than their normal workstation), must continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel who are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the contract price.

1752.204-70 Contractor Personnel Security Requirements (Jan 2008)

The U.S. Office of Management and Budget (OMB) Memorandum M-05-24, referenced in paragraph (a) of FAR 52.204-9, Personal Identity Verification of Contractor Personnel, is available on-line at http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf.

The Government may require security clearances for performance of this contract. The Contractor must obtain these clearances before beginning work on the contract (OPM will not allow Contractor employees without clearance in any of its facilities). The Contractor must obtain these clearances by using the eQIP system. If satisfactory security arrangements cannot be made with the Contractor, the required services must be obtained from other sources.

The level of classified access required will be indicated on DD-254 or other appropriate form incorporated into each request requiring access to classified information. Contractors are required to have background investigations for suitability if they occupy positions of trust (e.g., systems administration) even if they do NOT have access to classified information.

Necessary facility and/or staff clearances must be in place prior to start of work on the contract

Contractors are responsible for the security, integrity and appropriate authorized use of their systems interfacing with the Government and or used for the transaction of any and all Government business. The Government, through the Government's Contracting Officer, may require the use or modification of security and/or secure communications technologies related to Government systems access and use.

The Government, at its discretion, may suspend or terminate the access and/or use of any or all Government access and systems for conducting business with any/or all Contractors when a security or other electronic access, use or misuse issue gives cause for such action. The suspension or termination may last until such time as the Government determines that the situation has been corrected or no longer exists.

1752.205-70 Announcement of Contract Award (July 2006)

OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.

1752.209-70 Contractor Performance Capabilities (July 2005)

The Contractor must be capable of performing all the tasks described in the Statement of Work. The Government shall not be liable for any costs or other involvement in the purchase, repair, maintenance or replacement of Contractor items used to implement or comply with requirements of the contract. Likewise, the Government shall in no way be held accountable by the Contractor for the Contractor’s inability to perform under this Contract due to Government technology implementations and or changes.

1752.209-71 Contractor’s Key Personnel (July 2005)

In order to ensure a smooth and orderly start up of work, it is essential that the key personnel specified in the Contractor's proposal be available on the effective date of the contract. If these personnel are not made available at that time, the Contractor must notify the Government Contracting Officer and show cause. If the Contractor does not show cause, the Contractor may be subject to default action.

The Contractor shall not of its own will remove or replace any personnel designated as "key" personnel without the written concurrence of the cognizant Contracting Officer. Prior to utilizing employees other than specified personnel, the Contractor shall notify the Government Contracting Officer and the COR. This notification must be no later than five (5) calendar days in advance of any proposed substitution and must include justification (including resume(s) of proposed substitution(s)) in sufficient detail to permit evaluation of the impact on contract performance.

Substitute personnel qualifications must be equal to, or greater than, those of the personnel being substituted. If the Government Contracting Officer and the COR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the Contractor may be subject to default action. If deemed necessary by the Government, substitute personnel must be given a one-(1) day orientation by Contractor personnel at no additional cost to the Government and with no change in the delivery schedule.

In the event that the performance of assigned Contractor personnel or any substitute(s) is determined by the Government to be unsatisfactory at any time during the life of the Contract, the Government reserves the right to request and receive satisfactory personnel replacement within five (5) calendar days of receipt by the Contractor of written notification.

Notification will include the reason for requesting replacement personnel.

The Contractor-supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein. The Contractor must select, supervise, and exercise control and direction over its employees (including subcontractors) under this Contract. The Government shall not exercise any supervision or control over the Contractor in its performance of contractual services under this contract. The Contractor is accountable to the Government for the action of its personnel.

The Contractor is herewith notified that employee recruiting and employee retention practices shall be monitored on a regular basis.

1752.209-72 Qualifications of Contractor’s Employees (July 2005)

The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor must fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor's employees must be fingerprinted. Each employee of the Contractor who works on this contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form 1-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status.

1752.209-73 Standards of Conduct (June 2006)

Personnel assigned by the contractor to the performance of work under this order must be acceptable to the Government in terms of personal and professional conduct. Contractor personnel shall conform to standards of conduct as follows:

No contractor employees shall solicit new business while performing work under this order.

The contractor and its employees shall not discuss with unauthorized persons any information obtained in the performance of work under this order.

Should the continued assignment to work under this order of any person in the contractor’s organization be deemed by the Contracting Officer to conflict with the interests of the Government, that person shall be removed immediately from assignment, and the reason for removal shall be fully documented in writing by the Contracting Officer. Employment and staffing difficulties shall not be justification for failure to meet established schedules, and if such difficulties impair performance, the contractor may be subject to default.

1752.209-74 Organizational Conflicts of Interest (July 2005)

The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

Notify the Contracting Officer of a potential conflict, and;

Recommend to the Government an alternate approach which would avoid the potential conflict, or

(3) Present for approval a conflict of interest mitigation plan that will:

(i) Describe in detail the changed requirement that creates the potential conflict of interest; and

(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

1752.209-75 Reducing Text Messaging While Driving (Oct 2009)

(a) In accordance with Section 4 of the Executive Order, “Federal Leadership on

Reducing Text Messaging While Driving,” dated October 1, 2009, you are hereby encouraged to:

Adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or Government-owned, -leased or –rented vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government; and

Consider new company rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for company employees about the safety risks associated with texting while driving. These initiatives should encourage voluntary compliance with the company’s text messaging policy while off duty.

For purposes of complying with the Executive Order:

"Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication.

"Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

1752.222-70 Notice of Requirement for Certification of Nonsegregated Facilities (July

2005)

By signing this offer or contract, the contractor will be deemed to have signed and agreed to the provisions of Federal Acquisition Regulations (FAR) Clause 52.222-21, Certification of Nonsegregated Facilities, incorporated by reference in this solicitation/contract. The certification provides that the bidder or offeror does not maintain or provide for its employees, facilities which are segregated on a basis of race, color, religion, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the bidder/offeror does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. FAR Clause 52.222-21 must be included in all subcontracts as well.

1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (July 2005)

If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special

Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company must comply with the requirements of this clause, including the listing of employment opportunities with the local office of the state employment service system.

If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance with Veterans’ Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses. Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the “Federal Contractor Veterans’ Employment Report” or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: http://www.vets100.cudenver.edu.

1752.223-71 Environmentally Preferable Products and Services (July 2005)

Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content.

By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13423.

1752.224-71 Freedom of Information Act Requests (Sep 2009)

Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore:

All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the U.S. Office of Personnel Management (OPM or The Government). Marking of items will not necessarily preclude disclosure when the OPM determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

No later than five (5) business days after award of a contract, blanket purchase agreement (BPA), or order, the Contractor must provide OPM a redacted copy of the contract/BPA/order in electronic format. This copy will be used to satisfy any requests for copies of the contract/BPA/order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation.

Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

1752.232-70 Invoice Requirements (Dec 2010)

A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

Name and address of the contractor.

Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of transmission.)

(3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(9) Electronic funds transfer (EFT) banking information.

The contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

The last four digits of the contractor’s bank account must be shown on each invoice submitted for payment.